IP Background
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respective trademarks in
accordance with prevalent Directions with
the Registry of Deeds and Assurances by
means of declaration which is a solemn
statement of facts made by the trademark
owner. For the foreign clients, local
trademark attorneys for and on behalf of
them, apply for registration of such a
declaration with Power of Attorney , both
documents are legalized or attested at the
Myanmar Embassy concerned. The original
documents abovesaid together with the
application form have to be filed for
registration.
Along the I.P current in
Myanmar it is evident that the application
of Registration Act was and will be
serviceable or helpful in trade or business
matters compliance with possible free market
system.
(f) The Copyright Act
It has been enforceable
since the time of adoption from India Act
No.3 of 1914. For application and reference,
sections 1 and 2 read:
“The copyright as set out
in the First Schedule and with the
modifications set out herein shall apply to
the Union of Burma.”*
“In this Act unless there
is anything repugnant in the subject or
context, -
(1) ‘ the Copyright Act’
means the Act of [Parliament of the United
Kingdom of Great Britain and Ireland ]* *
entitled the Copyright Act 1911;and
(2) words and expressions defined in the
Copyright Act have the same meaning as in
that act.”
With reference to section
3 of this Act, portions of the Copyright Act
applicable to the Union of Burma are
provided as in the First Schedule of
copyright Act, 1911. Hereinafter are the
provisions:-
“Subject to the
provisions of this Act, copyright shall
subsist for the term hereinafter mentioned
in every original literary, dramatic,
musical and artistic work, if-
(a) in the case of a published work, the
work was first published within the Union of
Burma; and
(b) in the case of an unpublished work, the
author was at the date of the marking of the
work a citizen of the Union or resident
within the Union of Burma;
but in no other works, except so far as the
protection conferred by this Act is extended
by notification by the President of the
Union to foreign Countries.”34
“For the purposes of this Act, ‘copyright’
means the sole right to produce or reproduce
the work or any substantial part there of in
any material form whatsoever, to perform, or
in the case of a lecture to deliner, the
work or any substantial part there of in
public; if the work is unpublished, to
publish the work or any substantial part
thereof; and shall in dude the sole right-
(a) to produce, reproduce, perform, or
publish any translation of the work;
(b) in the case of a dramatic work, to
convert it into a novel or other
non-dramatic work;
(c) in the case of a novel or other
non-dramatic work or of an artistic work, to
convert it into a dramatic
work, by way of performance in public or
otherwise;
(d) in the case of a literary, dramatic or
musical work, to make any record, perforated
roll, cinematograph film, or other
contrivance by means of which the work may
be mechanically performed or delivered; and
to authorize any such acts as aforesaid.”35
* Inserted by the Union of Burma
(Adaptation of Laws) Order, 1948
* * Substituted by the same Order.
34 Section 1 (1) The Copyright Act
1911.
35 Section 1 (2) of the Copyright
Act 1911. |
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